As a Lawyer, You Sent the Judge In?

Chapter 171 You said you are not guilty, so you are not guilty? Presiding Judge: Sentence!

 Soon, the court recess ended.

 The court session continues.

 Three members of the collegial panel took their seats.

Su Bai raised his head slightly and looked at the judgment seat, thinking silently:

 As long as the judgment that the law was wrongly applied is reached, the trial will be almost over.

The presiding judge made a mistake in applying the law, causing huge losses to the parties. No matter what happens, if you are prosecuted, you have to go to court!

 The trial is conducted by three parties.

 They are all looking at the seat of the presiding judge.

　　咚咚!

 Presiding judge Ren Yuandong banged the gavel: "The adjournment is over, and the trial will now continue."

“Based on the defenses of all parties, we will now determine whether Qian Wei’s judgment in Zhang Dahu’s case was an error in application of law.”

Qian Wei was breathing nervously on the defendant's seat and looking straight at Ren Yuandong.

 Just let Ren Yuandong speak: "Qian Wei's judgment against Zhang Dahu in Zhang Dahu's case was obviously wrong in the application of the law."

 “Based on the following:”

“According to the highly probable civil evidence proof rules, the judgment is based on the party with relatively sufficient evidence. However, in the Zhang Dahu case, based on the relevant evidence and subjective conditions, Zhang Dahu’s party obviously has more sufficient factual conditions. "

 “Obviously does not meet a high degree of probability.”

“Therefore, it is determined that Qian Wei’s application of the law in the Zhang Dahu case was wrong.”

　　咚咚!

 The judgment was completed, and Ren Yuandong banged the gavel: "Do all parties have any objections?"

 Guan Tong was obviously relieved: "We have no objection."

Su Bai: "We have no objection."

 Liu Jun frowned and wanted to express his objections, but Chen Meixia's previous performance... Even if she made a statement, she would be rejected.

 “We have no objection.”

 Liu Jun's voice fell.

Qian Wei's breathing stopped for a few seconds, and he felt a tightness in his chest. He took a few long breaths before he recovered. At the same time, he kept complaining in his heart. If he had known better, he wouldn't have asked Chen Meixia to come over!

 Otherwise, this kind of thing might not have happened!

If Chen Meixia had not made the statement like that at that time, Su Bai might not have been able to catch the loophole, and the result now would be completely different.

 At this time, Qian Wei's heart was full of complaints about Chen Meixia, rather than thinking that he had done something wrong.

.

 ….….

 After the judgment was completed, the reactions of all parties were different, and the trial continued.

　　咚咚!

“There is no objection from all parties, so let’s start to determine whether Qian Wei’s subjectivity is intentional.”

 The judgment was made in violation of the law, wrong application of legal basis, violation of factual basis, and subjective intentional behavior.

 After using legal errors for determination.

 As for the judgment of subjectivity, it is relatively easy.

Su Bai thought to himself, there is no problem with this case.

　　咚咚!

Ren Yuandong looked at the prosecutor: "Please make a statement from the prosecutor."

 “A good judge.”

 Guan Tong sorted out the materials in his hand and said:

“The prosecution believes that through objective factual evidence, it is shown that Qian Wei had subjective and intentional conditions.”

“The specific circumstances include the following two points:”

“First: knowing that the application of the law was wrong, he still did not listen to the advice of the collegial panel and did not use the civil procedure regulations of who claims and who gives evidence to make judgments. Instead, he used a high degree of probability to judge the case. There is a certain degree of subjective intentionality. ”

“Second: There was a call record with Li Mu, and this case was mentioned in the chat. As a judge, he did not avoid the case in a timely manner and intentionally contacted the relevant personnel of this case, which is intentional in a subjective sense.”

 “The prosecution has completed its statement.”

 After Guan Tong finished his statement, Ren Yuandong looked at the defendant's seat and said, "Now let the defendant's client state his rebuttal..."

"OK."

Liu Jun nodded slightly and raised objections based on the prosecutor’s accusation:

“We disagree with the two points raised by the prosecutor about Qian Wei’s subjective and intentional performance.”

“First of all, how did the prosecutors determine that Qian Wei knew that the law was wrongly applied, ignored the advice of the collegial panel, and continued to use a high degree of probability to judge the case?”

“I don’t know how the prosecution came to this conclusion.”

“Based on the circumstances shown by the evidence and the outcome of the trial.

 Qian Wei's use of a high degree of probability is indeed an error in the application of the law.

 But under the circumstances at that time, it cannot be said that he applied the law incorrectly, does it mean that he did it intentionally? "

"Is there a possibility that Qian Wei's court trial quality is relatively poor, or that it is due to the influence of objective factors, which leads to wrong judgment?"

“Based on the above conditions, we do not agree with the prosecutor’s accusation against Qian Wei.”

“Presiding judge, we have finished our statement.”

　　咚咚!

 Ren Yuandong banged the hammer and set his sights on the prosecutor's seat.

 “Now please add the prosecution.”

 “A good judge.”

Su Bai smiled after listening to the mutual defense between the prosecutor and the defense attorney.

  The questions raised by the prosecutor are to the point.

The defendant's rebuttal was only a rebuttal to the prosecution's first point.

 The rebuttal does have some truth, but he didn’t mention the second point at all.

 Why not mention the second point?

 Because of the second point, the defendant’s litigation attorney also knows that there is no way to refute it.

 In view of this level of relationship, Su Bai spoke:

“Our statement is very simple, that is, we want to ask the defendant and the defendant’s attorney a few questions.”

“Does Qian Wei know about the relationship between Li Mu and Chen Meixia? They have already talked about this case, so he must know about this level of relationship, right?”

"According to the prosecutor's investigation, the private relationship between Qian Wei and Li Mu is relatively good. Why didn't Qian Wei take any immediate measures when he learned that Li Mu was related to the person involved in this case? "Is it because of my own favor?"

“The most important point is, why didn’t Qian Wei listen to the suggestions of the collegial panel members, make a wrong judgment, and use a high degree of probability?”

 “In this subjective judgment of intentionality.”

“First of all, Qian Wei and Li Mu talked through the conversation and did not take any avoidance, and then they made a misjudgment.”

“Rather than recognizing it after a misjudgment.”

“There is a causal relationship between the two, rather than a causal relationship between them.”

“As a presiding judge, I have to judge a lot of cases, and the attorney entrusted by the litigants said that Qian Wei’s judgment level may be poor, and there may also be certain objective factors.”

“However, Qian Wei’s judgment level is poor, but he has also served as the presiding judge for such a long time. Shouldn’t he understand the most basic principles?

Furthermore, he did not adopt the opinions put forward by two other members of the collegial panel. Is this just something that can be covered up by the difference in the level of judgment? "

“Why did Qian Wei make this judgment after Li Mu and Qian Wei talked?”

“In addition, there are certain objective factors. I would like to know what objective factors the defendant’s attorney refers to?”

Su Bai's eyes fell on Liu Jun. Liu Jun was silent for a few seconds.

He really couldn't refute the matter of the phone call, because Qian Wei did not adopt the avoidance principle, and he also knew the nature and reasons of the case.

Essentially, it is Qian Wei's worldly sophistication. He originally swore that nothing would happen, but he didn't expect that this time he would overturn.

It is difficult to refute this point.

 That's why Liu Jun only refuted the prosecutor's question and did not change the topic in this direction.

Su Bai pointed out this issue sharply in his supplementary statement...

 It is indeed difficult to answer.

 In fact.

The most important thing about this case is the defense point of whether the law was applied incorrectly.

 As for subjectivity?

 The subjective defense point does not appear to be particularly important.

 Since the case has been prosecuted, the members of the collegial panel must have focused on the subjectivity aspect.

If the defendant cannot produce sufficient evidence, factual proofs and supporting evidence.

So, regarding the subjective judgment, the collegial panel can directly determine intentionality.

 Especially in Qian Wei's case.

Various indirect proofs and direct proofs form a complete chain of evidence, and it is not a single piece of evidence used to accuse Qian Wei of his subjective intentionality.

 Hence, it is difficult to refute.

 Liu Jun knew this very well.

 After a few seconds of silence, Liu Jun slowly spoke:

“To judge whether Qian Wei was intentional or not, although it is necessary to proceed from the objective point of view, Qian Wei’s subjectivity is also very important.”

“Otherwise, it will easily lead to a wrong case and a wrong judgment of a good presiding judge.”

Su Bai: “????”

 What does this say?

 It is easy to cause a wrong case and wrongly judge a good presiding judge?

 What is your purpose in saying this?

 Does this mean that the accusation against Qian Wei was a wrongful conviction?

　　啧….

Su Bai retorted without hesitation:

“Then I would like to ask the litigation attorney, from Qian Wei’s point of view, his subjectivity is very important, but he only needs to say that he did not mean it, so does it deny objectivity?”

 “What about the cases he was wrongly convicted of?”

“What about the parties involved in the cases he wrongly convicted?

After all, when Qian Wei made the judgment, he did not even follow the law's stipulations on who made the claim and who gave the evidence and the lack of evidence. He just judged Zhang Dahu to bear responsibility in accordance with the rules of proof. "

 “As for this case, does he care whether it is a wrong case?”

“When Qian Wei was the presiding judge, did he ever consider the impact that an incorrect judgment would have on the parties involved?”

“If you don’t pass objective evidence, what else needs to be passed? Qian Wei said he was not guilty, so he was found not guilty?”

“If that’s the case, what do we need evidence for?”

 Facing Su Bai’s question.

 Liu Jun did not continue to speak.

At the presiding judge's seat, Ren Yuandong banged the gavel and looked at the defendant to question.

“Defendant Qian Wei, regarding the evidence presented to you by the prosecution and prosecution, do you have any objections to the above objective facts?”

Qian Wei shook his head: "Presiding Judge, I have no objections."

 The accusations made by the prosecutor and the prosecution are based on evidence and factual proof. He really has nothing to continue to refute.

It was only after experiencing the defense in this trial that Qian Wei also realized that the defense in this trial had reached the final stage.

 Taking a deep breath, he looked at the seat of the presiding judge.

Presiding Judge Ren Yuandong took a circle around the courtroom scene.

 Bang the gavel.

“Do the parties have any objections to the above content of the defense or have other arguments to be made?”

 Guan Tong: “No objections, no other arguments.”

Su Bai: "No objection."

 Liu Jun frowned: "I have no other comments."

 Dong dong dong!

“Both parties have no other defense opinions. It is now determined that Qian Wei’s subjective judgment is intentional.”

　　咚咚!

 “Do all parties have any objections?”

 Three parties stated that they had no objections to this determination.

 At the defendant's seat, Qian Wei looked dejected and his eyes fell on his entrustment seat.

 Liu Jun noticed Qian Wei's gaze, but did not speak, not even a hint of emotional expression.

He has tried his best on this case. The only fault is that Qian Wei did not grasp it well during the first judgment in the early stage.

Seeing this, Qian Wei felt extremely regretful and looked at the presiding judge's seat, not knowing what he was thinking.

 PS: Please give me a monthly ticket~

　　　This case must be concluded today~ Because the statement is more exciting, it is divided into two chapters~ Go ahead and type, and try to publish it as soon as possible.

 (End of this chapter)